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2025 DAILYLAW 45598 (AP)

M/s. Lakshmi Sowjanya Contract Works, v. The State of Andhra Pradesh,

WP/24705/2025 · 2025-09-14

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010484742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24705 OF 2025 Between: M/s. Lakshmi Sowjanya Contract Works, Rep. by its proprietor, Sri Bhanuchand Guntupalli, S/o. Appa Rao, aged about 37 years, O/o. Flat No.302, YagantiSikhara Residency, Gujjanagundia, Guntur, Guntur District- 522006 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Department Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Guntur Municipal Corporation, Rep By its Commissioner, Guntur, Guntur district. 4. The District Collector, Guntur, Guntur District. 5. The Superintendent Engineer, Guntur Municipal Corporation. 6. The Executive Engineer, Guntur Municipal Corporation. Secretariat, Velagapudi, Government, ...Respondents Petition under Article 226 of the Constitution of India praying that in the eirclimstances stated in the affidavit filed therewith, the High Court may be -pleased to issue an appropriate writ, order or direction, more particularly one 'fn the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing an amount of Rs. 17,27,419.37/- in relation to the execution of works in view of the Technical Sanction No.30/EE- 1/GMC/GNT/2023-24, dated 07.04.2023, and in view of the agreement dated 15.06.2023 for the payment due from the executed work respectively as rbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest all8% per annum. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to release an,.amount of an amount of Rs. 17,27,419.37 to the petitioner for the work executed in view of the Tender bid Sanction No.30/EE- granted in favour of the petitioner vide Technical 1/GMC/GNT/2023-24, dated 07.04.2023, and in view of the agreement dated 15.06.2023, respectively, pending disposal of the above writ petition. Counsel forth© Petitioner: SRI VENKAT SAILENDRA G Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.3, 5, 6: SRI A S C BOSE, Standing Counsel Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: APHC010484742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24705/2025 Between: M/s. Lakshmi Sowjanya Contract Works, AND The State Of Andhra Pradesh and Others ...PETITIONER ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKATSAILENDRAG Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNINGv The Court made the following: -2- W.P. No.24705 OF 2025 Date of order: 15.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24705 OF 2025 ORDER: 1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the contingent bills for the works undertaken by the petitioner. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent- corporation. 3. The learned counsel for the petitioner submits that the petitioner has executed the work, viz.,GGMP-construction of CC drains and RCC culverts at opp.Urdu School & Poleramma Temple, Gujjanagundia Road in Division No.39 under AE @ section of GMC vide technical sanction No.30/EE-1/GMC/GNT/2023-24, dt.07.04.2023, as entrusted by the 6‘^respondent. 4. The learned counsel further submits that the petitioner duly executed all the works to the satisfaction of the G^^espondent and thereafter submitted a final bill for a sum of Rs.17,27,419.37/-. It is submitted that the progress of the work was recorded in the M book as well as issued quality certificate and the bills were approved. However, no payment has been forth coming. -3- W.P. No.24705 OF 2025 Date of order: 15.09.2025 5. During the course of the hearing, the Jearned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 6. Considering the submissions, respondents 2 and 3 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. as Sd/- SRI T SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to the Government, State of Andhra Pradesh, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Guntur Municipal Corporation, Guntur, Guntur district. 4. The District Collector, Guntur, Guntur District. 5. The Superintendent Engineer, Guntur Municipal Corporation. 6. The Executive Engineer, Guntur Municipal Corporation. 7. One CC to SRI VENKAT SAILENDRA G Advocate [OPUC] 8. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 11. One CC to SRI A S C BOSE, Standing Counsel for Municipalities [OPUC] 12. Two CD Copies gsg HIGH COURT DATED:15/09/2025 ORDER WP NO. 24705 OF 2025 DISPOSING THE WP WITHOUT COSTS